A question for the attorneys..

[anon_vKoAeFUPShc82MGE]

Saw this earlier on USA Today. Judge dismissed one of JW counter claims. Please explain what this means:

Judge dismisses one of Jameis Winston's counterclaims, upholds defamation claim

https://www.google.com/url?sa=t&sou...Eey0DLpWTfiNSZ7Kg&sig2=WfWwsD9tj8Jy4-wt2Da9yA

 

[Nole-Esq.]

Jameis' counterclaim apparently had 2 counts: defamation (maliciously false statements) and tortious interference (doing something wrong that would hurt Jameis economically).

In essence the Judge ruled that the tortious interference count wasn't strong enough to make it through a court case. The judge let Jameis keep the defamation claim though. As a result, Jameis' leverage on Erica in the case is now limited to proving she made a maliciously false statement about him that caused him injury.

 

[JohnnieHolmesNole]

Judge Conway's critical editorial remark concerning Winston's "preamble" to his affirmative defenses -- which preamble she struck -- catches my eye. She is a huge gata fan who on many occasions has confirmed her dislike of FSU. She could have kicked this case to another court, or to another Judge after she recently took "senior status." She did neither, and continues to preside over the case (which is inconsistent with her typical conduct)......at a minimum, I predict that all close calls in this case will go to Kinsman.

 

[FSUTribe76]

Judge Conway's critical editorial remark concerning Winston's "preamble" to his affirmative defenses -- which preamble she struck -- catches my eye. She is a huge gata fan who on many occasions has confirmed her dislike of FSU. She could have kicked this case to another court, or to another Judge after she recently took "senior status." She did neither, and continues to preside over the case (which is inconsistent with her typical conduct)......at a minimum, I predict that all close calls in this case will go to Kinsman.

This part.....

""The unnumbered 16 1/2 page "Preliminary Statement" that precedes Mr. Winston's actual answer to the complaint is an argumentative, free-flowing narrative that attacks Ms. Kinsman and her version of events," Conway wrote. "Frankly, it reads like a closing argument. It was obviously penned more for the consumption of the court of public opinion than for this Court and the other participants in this case. The Court cannot recall ever seeing such a remarkable and improper introduction to an answer. Structurally and legally, it is not part of Mr. Winston's answer and it has no place in his pleading."

Tells me basically all I need as an attorney to garner the court's mood...and that's not very favorable to Winston. I will freely admit I have not read the full complaint or decision only news coverage, but the "soundbites" the judge provided are very indicative of her mindset. Typically, judges are quite concise especially on various motion orders sometimes literally down to just a couple of words like "The motion is denied." That she felt she needed to bloviate and basically publicly "dress down" Winston's attorney.....not good.

 

[Nole-Esq.]

I hate to say it but the judge sounds right about the overlength preliminary statement to the answer.

 

[kc78]

Many people brought up that claim when it was filed. Much of that claim was simply entered as PR and was probably expected to be thrown out all along. It was a very uncommon approach to filing the claim from what I heard from my lawyer friends and no court would let it stand. I don't think anything has occurred yet that is unexpected.

 

[NoleOne]

Judge Conway's critical editorial remark concerning Winston's "preamble" to his affirmative defenses -- which preamble she struck -- catches my eye. She is a huge gata fan who on many occasions has confirmed her dislike of FSU. She could have kicked this case to another court, or to another Judge after she recently took "senior status." She did neither, and continues to preside over the case (which is inconsistent with her typical conduct)......at a minimum, I predict that all close calls in this case will go to Kinsman.

I highly doubt that that judge is going to rule based on her status as a gata fan.

If she does, then she doesn't belong on the bench.

 

[JohnnieHolmesNole]

I highly doubt that that judge is going to rule based on her status as a gata fan.

If she does, then she doesn't belong on the bench.

Ding, ding, ding. Once federal judges are appointed, they are there for life. The fact they are appointed does not mean they are great (or even good) judges. Sure, you'd like to think that a federal judge would not let college allegiance even be considered. But you'd also expect a federal judge not to publicly condemn Bobby Bowden for writing a letter on behalf of a criminal defendant.

I know this Judge. If you want to think her gata status is irrelevant, that's certainly your prerogative.

 

[JohnnieHolmesNole]

I hate to say it but the judge sounds right about the overlength preliminary statement to the answer.

I don't necessarily disagree with the ruling....but the accompanying verbiage should not be ignored.

 

[GamedayNole]

I hate to say it but the judge sounds right about the overlength preliminary statement to the answer.

This. I'm a litigator and have never seen such a statement before in any pleading. That the judge struck it is not at all surprising to me.

 

[OrlandNole]

Presumably Winston's attorneys aren't idiots. What do you think their strategy is in crafting such an unorthodox narrative?

 

[Gonolz]

Ding, ding, ding. Once federal judges are appointed, they are there for life. The fact they are appointed does not mean they are great (or even good) judges. Sure, you'd like to think that a federal judge would not let college allegiance even be considered. But you'd also expect a federal judge not to publicly condemn Bobby Bowden for writing a letter on behalf of a criminal defendant.

I know this Judge. If you want to think her gata status is irrelevant, that's certainly your prerogative.

Judges and politicians hold their positions as unbiased servants of all the public. They would never let their school allegiance bias show.

 

[Lemon Thrower]

1. tortious interference - judge basically said you didn't allege anything besides the statement, so all you get is the damages from the statement, which are the same thing.

2. preliminary statement - winston's lawyer included this for the press. it was obvious this would get struck.

 

[GamedayNole]

Presumably Winston's attorneys aren't idiots. What do you think their strategy is in crafting such an unorthodox narrative?

Agree with this. The statement was a PR statement within a pleading they knew would be widely circulated. I'm sure they are not surprised it was struck by the judge either.

 

[kc78]

Everyone pretty much noted that it was an unusual filing that would probably be struck and was only there for the press from the beginning. It was their way of getting their story into the public narrative and for press consumption. It worked in that regard.

 

[ReliableOstrich]

I know this Judge. If you want to think her gata status is irrelevant, that's certainly your prerogative.

Can you say more about this?

 

[Lemon Thrower]

judges apply the law, juries try the facts. so the judge has narrow ability to affect the case - it has to be law related. and then, she's subject to reversal on appeal.